16. Instant Information Service — exclusion of liability for errors or omissions Flashcards
- Instant Information Service — exclusion of liability for errors or omissions
General overview
[16.01] Section 16 has been repealed. The instances of errors or omissions arising from the Instant Information Service should be totally eradicated or at least minimised under the new electronic transaction system implemented by Act No 36 of 2014. The consequence is, of course, that the registrar may be sued for any loss or damage suffered by the public arising from any errors or omissions. In the UK, the registrar owes a duty of care when entering a winding up order on the register to take reasonable care to ensure that the order is not registered against the wrong company. That duty is owed to any company which is not in liquidation but which is wrongly recorded on the register as having been wound up by order of the court. The duty extends to taking reasonable care to enter the order on the record of the company named in the order, and not any other company. It does not extend to checking information supplied by third parties. It extends only to entering that information accurately on the register: Sebry v Companies House & Anor [2015] EWHC 115; [2016] 1 WLR 2499, QBD. In light of Sebry’s case (above) and the principle in Caparo Industries plc v Dickman [1990] 2 AC 605; [1990] 2 WLR 358; [1990] 1 All ER 568, HL , Parliament might want to bring back the previous law.
[16.02] For the government’s liability in respect of suits against an administrative body, see Mohammed & Ors v Home Office [2011] 1 WLR 2862; [2011] EWCA Civ 351, CA where the English Court of Appeal held that while common law negligence could occur in the course of exercising a statutory duty or power, it could not on principle occur in the actual discharge of the function, nor would it be fair, just or reasonable to impose a duty of care when the claimants were able to apply to the Parliamentary Commissioner for Administration for a recommendation of compensation
Exclusion of liability for errors and omissions
[16.03] The previous ss 16 and 16A, which excluded of the liability of the government or any employees of ACRA for loss or damage suffered by the public arising any errors or omissions of whatever nature contained in any Instant Information Service where they have acted in good faith and in the ordinary discharge of duties have been repealed. This is because of the new Electronic Transaction System implemented by ACRA where (it is believed) there is no opportunity for the employees of ACRA to commit any errors or omissions. Hence, the exclusion is deemed unnecessary.
